Q: my two beautiful children have been in foster care for the pass two years . i feel that my court apportioned lawyer is not doing enough . in terms of pushing for me to get my children back . please help me.
A: David's Answer: You should shop around & set-up consultations with Westchester Co. attorney who handle child protective matters. There are listings of such attorneys on the Avvo website as well as other attorneyclient matching websites. -- David Bliven, Westchester Child Neglect attorney
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
Tuesday, February 26, 2013
Saturday, February 23, 2013
My children 13, 16 and 18 have refused to come with me (their father) for any visitation since my ex and I separated and Divorce
Q: My 13 ,16,18 year old kids refuse to come with me when I go to pick them up for my scheduled visitation. They say they are not ready to see me or are not comfortable etc. their mother says she encourages them to come but can't make them.
They email me the day of visitation saying they won't go and not to even come by or they tell me they aren't coming when I arrive.
Do they have a legal right to refuse? There is no history of abuse, drugs , alcohol etc. is the mother in contempt? I want to email them back to let them m ow the legal ramifications of their refusal but wa t to be sure of the law In NY.
The mother will shut the door on me and tell me there is nothin g she can do and that she 'encourages them to go'. I have filed police in scent reports and have set a court date in family.
A: David's Answer: First, you should keep a paper-trail of your efforts to visit with them. Second, you should do some soul-searching as to whether your prior actions were at all to blame for their refusal. If their refusal to visit is completely unjustified, then you can file a separate petition to terminate or reduce child support. Finally, the Court loses jurisdiction to rule on visitation matters at age 18, so he Court would only have authority to address issues with the 16 & 13 yrea old. -- David Bliven, Westchester Child Custody attorney (www.blivenlaw.net)
They email me the day of visitation saying they won't go and not to even come by or they tell me they aren't coming when I arrive.
Do they have a legal right to refuse? There is no history of abuse, drugs , alcohol etc. is the mother in contempt? I want to email them back to let them m ow the legal ramifications of their refusal but wa t to be sure of the law In NY.
The mother will shut the door on me and tell me there is nothin g she can do and that she 'encourages them to go'. I have filed police in scent reports and have set a court date in family.
A: David's Answer: First, you should keep a paper-trail of your efforts to visit with them. Second, you should do some soul-searching as to whether your prior actions were at all to blame for their refusal. If their refusal to visit is completely unjustified, then you can file a separate petition to terminate or reduce child support. Finally, the Court loses jurisdiction to rule on visitation matters at age 18, so he Court would only have authority to address issues with the 16 & 13 yrea old. -- David Bliven, Westchester Child Custody attorney (www.blivenlaw.net)
Wednesday, February 20, 2013
Is there an agreement my wife and I can sign before we have children that we will not raise our children a particular religion?
Q: My wife and I are thinking of having children. She states to me that if we do we will not raise them her religion but I do not believe her because she always tells me what I want to hear and when the rubber hits the road just does what she wants anyways. Is there an agreement we can sign beforehand that is legally binding, stating she cannot raise them this religion?
A: David's Answer: Yes, you can draft a post-nuptial agreement. I would be more comfortable, however, if you do so after the children are actually born, so that a later court doesn't read the provision as a hypothetical. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Yes, you can draft a post-nuptial agreement. I would be more comfortable, however, if you do so after the children are actually born, so that a later court doesn't read the provision as a hypothetical. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, February 16, 2013
Is it possible to be legally separated and live under the same roof
Q: Been married for almost 30 years . It's not working . Don't want a divorce because I have a per - existing medical condition and I need my spouse's medical coverage
A: David's Answer: Yes, you can do a separation agreement and specify you will live upstairs & he downstairs, or in particular rooms, etc. You may also wish to check with various insurance carriers as they are supposed to be phasing-in coverage regardless of pre-existing conditions per the so-called "Obamacare" amendments. -- David Bliven, Westcester Divorce lawyer (www.blivenlaw.net)
A: David's Answer: Yes, you can do a separation agreement and specify you will live upstairs & he downstairs, or in particular rooms, etc. You may also wish to check with various insurance carriers as they are supposed to be phasing-in coverage regardless of pre-existing conditions per the so-called "Obamacare" amendments. -- David Bliven, Westcester Divorce lawyer (www.blivenlaw.net)
I need advices
Q: Is using a belt and leaving bruises on a child back consider an assault on the second degree in new york?
A: David's Answer: Probably not, but it depends on the extent. A Judge/Jury would need to determine the belt is a "dangerous instrument" capable of causing a "serious physical injury," and it's unlikely a normal belt would have that capability. That said, your scenario may be considered assault in the third or endangering the welfare of a child. Either way, it's a serious offense such that you (if it's you being charged) should consult an experienced criminal defense lawyer. You would probably also face Family Court neglect charges - and if so you should call a White Plains Child Abuse attorney. -- David Bliven, Westchester Child Abuse lawyer (www.blivenlaw.net)
A: David's Answer: Probably not, but it depends on the extent. A Judge/Jury would need to determine the belt is a "dangerous instrument" capable of causing a "serious physical injury," and it's unlikely a normal belt would have that capability. That said, your scenario may be considered assault in the third or endangering the welfare of a child. Either way, it's a serious offense such that you (if it's you being charged) should consult an experienced criminal defense lawyer. You would probably also face Family Court neglect charges - and if so you should call a White Plains Child Abuse attorney. -- David Bliven, Westchester Child Abuse lawyer (www.blivenlaw.net)
Friday, February 15, 2013
Marriage annulment
Q: I am a legal resident here in NY currently applying for my American citizenship. About almost 3 months ago I married a man from Accra, Ghana. I want to end this marriage since I believe it is not going anywhere and also because I have been taking advantage financially by him. Could you please tell me what the procedures to follow?
I do not wish to travel back to Ghana so I wonder I can get this done here in the US.
A: David's Answer: Divorce/Annulment forms are available on the court's website if you wish to do it yourself: http://www.courts.state.ny.us/divorce/forms.shtml. The basic step would be to file the case & assuming he's living in Ghana, but is consenting to the divorce, you can send a consent affidavit over to him to execute. -- David Bliven, Westchester Divorce lawyer (www.blivenlaw.net)
I do not wish to travel back to Ghana so I wonder I can get this done here in the US.
A: David's Answer: Divorce/Annulment forms are available on the court's website if you wish to do it yourself: http://www.courts.state.ny.us/divorce/forms.shtml. The basic step would be to file the case & assuming he's living in Ghana, but is consenting to the divorce, you can send a consent affidavit over to him to execute. -- David Bliven, Westchester Divorce lawyer (www.blivenlaw.net)
How is support determined from a 1099
Q: my husband earns a 1099 and makes over $ 150 thousand , but has so many " deductions " that he ends up paying taxes on only $ 20 - $ 25k . From which number is child support calculated - the $ 150 thousand or the $ 25k ?
A: David's Answer: It is arguable that neither will ultimately determine child support. Merely because he claims such a high amount of deductions doesn't mean they're all legitimate business expenses. Among other things, he'll need to produce all the receipts & invoices proving that the expenses are indeed business expenses. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: David's Answer: It is arguable that neither will ultimately determine child support. Merely because he claims such a high amount of deductions doesn't mean they're all legitimate business expenses. Among other things, he'll need to produce all the receipts & invoices proving that the expenses are indeed business expenses. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
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